Pro-religious freedom groups have welcomed the decision of Europe’s highest court to reject a claim by a Belfast man that he was discriminated against after Christian bakers refused to make a cake with a message promoting same-sex marriage.
In a definitive judgement delivered this morning (Thursday) the European Court of Human Rights (ECHR) said the so-called ‘gay cake’ appeal was inadmissible.
Gareth Lee, a gay-rights-activist, said he is disappointed to have lost the case but religious freedom and Christian groups have welcomed the decision of the court based in Strassboug, France.
It brings to an end an eight-year legal battle between Mr Lee and Ashers Bakery in Belfast. He first took legal action in 2014 after the bakery – run by a Christian couple – refused to make a cake with the slogan ‘Support Gay Marriage’.
The bakers, Daniel and Amy McArthur, refused saying the slogan contravened their sincerely-held Christian beliefs about marriage.
The European Court of Human Rights unanimously rejected the appeal by Mr Lee as inadmissible, saying he had failed to exhaust all options in the UK courts.
The Belfast man had long argued that by refusing to fulfil his order, the bakery had discriminated against him on grounds of his sexual orientation and political beliefs.
He won his original case in a court in the North, but in 2018 the UK Supreme Court disagreed with the lower court and found in favour of the bakery.
Mr Lee then took his case to the European court, where it was examined by seven judges who decided that it should be dismissed.
The long-running dispute has raised questions about religious freedom and discrimination law.
In a statement, Mr Lee expressed disappointment at the judgement, against which no appeal is possible.
“None of us should be expected to have to figure out the beliefs of a company’s owners before going into their shop or paying for their services,” he said.
Simon Calvert, a spokesman for The Christian Institute, which has supported the McArthur’s since 2014, welcomed the decision of the European court.
“This is the right result. The UK Supreme Court engaged at length with the human rights arguments in this case and upheld the McArthur’s rights to freedom of expression and religion.
“It was disappointing to see another attempt to undermine those rights, so it is a relief that the attempt has failed.
I’m surprised anyone would want to overturn a ruling that protects gay business owners from being forced to promote views they don’t share, just as much as it protects Christian business owners,” Mr Calvert said in a statement.
Peter Lynas of the Evangelical Alliance Northern Ireland also welcomed the decision.
“This case was about freedom of conscience, speech and belief, and whether someone could be forced to create a message they profoundly disagreed with. Today’s ruling protects everyone from compelled speech,” he said.
The post European court rejects claim Christian bakers discriminated in ‘gay cake’ row appeared first on The Irish Catholic.